8
HB 129-16
HC 1250-16
for the development of the people of Zimbabwe through teaching and research and, so far
as is consistent with those objects, the nurturing of the intellectual, aesthetic, social and
moral growth of the students at the University.”
The second respondent should not only be a doyen for intellectual interaction but also a
wonderful laboratory for freedom of expression and free flow of information. Those values are
suppressed if the authorities remain engrossed in a time capsule propagating archaic controls and
methods of instruction where students are removed from campus for expressing their views. It is
unthinkable that someone can still sleep soundly at night after excluding a student from school
and sitting for an examination when that student has not been found guilty but is accused of
sending a harmless whatsapp message.
In the result, it is ordered that:
1.
The decision of the first respondent to suspend all the three applicants by letters dated 22
April 2016 for alleged breach of sections of Ordinance No 2 of 2000 is hereby suspended.
2.
The decision to bar the applicants from visiting any of the respondents’ campuses is
hereby set aside.
3.
The first and second respondents are hereby directed to allow all the three applicants to
sit and write their end of semester examinations.
4.
The first and second respondents are directed to allow the applicants to take those
examinations which they have already missed during the holding of the university
supplementary examinations.
5.
The first and second respondents may continue with the disciplinary action against the
applicants, if any, not before the expiration of a period of 14 days after the completion of
the supplementary examinations.
6.
Each party shall bear its own costs.
Chitere, Chidawanyika and Partners, applicants’ legal practitioners
Dzimba, Jaravaza and Associates, respondent’s legal practitioners
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